jenna: thanks for joining us, everybody. jon: "america live" starts right now. megyn: fox news alert, the state department moments ago issuing new warnings to the syrian regime as we get reports that that country may be mixing chemical weapons that could be loaded into artillery shells or land-based missiles like these. they would then be fired directly at the syrian people. welcome to "america live," everyone, i'm megyn kelly. western countries, including the united states, are growing increasingly concerned after reports that bashar al assad's forces are actually mixing the chemicals that produce sterin, a

manmade nerve agent that can cause convulsions and death and is believed to be one of the agents saddam hussein used back in 1988. most of the images from that attack are so horrifying, we cannot show them to you on television. but this picture shows one victim from that attack, a little boy lying in a hospital bed days after the massacre on his town that left thousands of people dead and many more injured. these are the stakes we're looking at in syria just moments ago the u.s. state department reiterated that an attack such as this would not be tolerated. chief washington correspondent james rosen is live at the state department with the very latest. james? >> reporter: megyn, good afternoon. a spokesman for secretary of state hillary clinton says this afternoon that these u.s. warnings about the potential use of chemical weapons against the syrian people are being conveyed to the regime of president bah

shark al assad both publicly and privately. western intelligence agencies over the last week have detected suspicious movements of chemical weapons components at selected sites inside syria. the regime is thought to be growing more desperate as fighting in and around the capital city, damascus, at the same time has intensified. today brings word of a high school teacher and 29 students being killed in a mortar incident at a school there. meantime, nato officials say once the parliaments in germany and the netherlands -- which is expected -- it'll be only a matter of weeks until missile systems are installed along turkey's border with syria so as to guard against possible reprisals for the country's staunch support of the syrian rebels. >> we know that syria possesses missiles, we know they have the chemical weapons, and, of course, that also have to be included in our calculations.

and this is also the reason why it is a matter of urgency to insure effective defense and protection of our ally, turkey. >> reporter: now, secretary of state clinton, this has just crossed the wires, is in brussels, and she says, and i quote: we stand with turkey in the spirit of strong solidarity, and she adds, we stand ready to take the necessary steps for the defense of turkey. syria, we should point out, is believed to have hundreds if not thousands of tons of these chemical agents and also everything several hundred ballistic missiles to deliver them. megyn: james, thank you. a little more context on securing syria's chemical weapons. up to 75,000 troops would be needed to do it. the risk of leakage is high. it took years for the u.s. to destroy its stockpiles, and complicating matters even more, there are reports that the

terrorist group hezbollah has set up small training camps near chemical weapons depots in the area. fox news alert now from egypt, a massive protest turning violent outside of the presidential palace, and now we're hearing the egyptian president, muhammad morrissey, has had to leave the palace. police were firing tear gas to stop demonstrators from approaching the palace. some protesters pushing aside a barricade topped with barbed wire. this as thousands of people rally against decrees giving the president unprecedented powers and a draft constitution his allies quickly approved. look at the juxtaposition. remember when we watched these in the arab spring and folks were trying to push for democracy? they wanted mubarak out, well, they got their way. he was replaced by a guy from the muslim brotherhood, he

issuesal these edicts -- all these edicts. more on this as it develops. well, to washington now where the irs is about to hit millions of americans with new taxes to pay for the health care law. the new taxes hit certain people's investment income, capital gains and dividends, and they also impose a new income tax separate and apart from the one you already pay. joining me now, the president of the american commitment, and he's been joining us on the health care law for months now. phil, this is very interesting because we had the supreme court rule that obamacare was a tax, and there was a debate about whether it really did impose new taxes or not. it's very clear the so-called rich in this country, people who makeover $250,000 as a family or $200,000 as individuals, are going to have their investment income hiked irrespective of any fiscal cliff talk.

this is all thanks to obamacare? >> yeah, that's exactly right, megyn. there was a surtax in the health care law, supposedly to pay for medicare, but they raised it -- they raided the money out of medicare before it even arrived to pay for the new obamacare spending. it's 0.9% additional medicare tax on wages of high income earners, and it is 3.8% on all unearned income, so capital gains, dividends, rental income, interest, any other unearned income has this new 3.8% surtax, and that's on top of whatever might happen in these fiscal cliff talks. megyn: so that is happening. if you make $200,000 as an individual or 250 as a family, it's happening as of january 1. >> well, looks that way. my parsing of speaker boehner's offer in the fiscal cliff talks is that this is going to happen no matter what. they talked about holding the line -- megyn: no, wait, wait, wait, let me interrupt because i just don't want to confuse the two,

because all the taxes are confusing. i'm saying this surtax, this .9 income tax surtax, and then this 3.8% surtax on nearly all capital gains, that is happening irrespective of what happens with the fiscal cliff negotiations? >> almost certainly. unless somehow it became part of the negotiations to turn it off, but i'm not hearing that. megyn: okay. so then on top of that you got to fiscal cliff discussions in washington where the president wants to raise the income tax on top earners by another 3% or so in addition to this, these taxes you and i were just discussing. >> yeah. and that's a crucial point, because obama has repeatedly said he wants to go back to clinton era rates, but that ignores this new surtax at the beginning of the year. if they take the top rate from 35 to 39.6, it'll actually be 43.4 on investment income because we'll have that additional surtax on top of that. so dividends, for instance, which are 15 now could be going

all the way to 43.4 which could have a very negative impact on the stock market. megyn: so right now if you make money off dividends, which a lot of folks do. you know, it's not just the super rich who get dividend income from their stock investments, right now you pay a 15% tax on that, and president obama wants to change that to you should get taxed on that income as though it's your actual, like, salary. and if that, if he gets his way on that, then that income goes up to whatever your salary tax rate is, plus if you're over 200 or 250, the 3.8%, plus the .9% as well? >> >> it would be just the 3.8. the% 9 is for wage income above that 200 or 250. but it would be on top of your ordinary income tax rate, so we could be looking at investment income being taxed more harshly than regular income. megyn: well, why should we care about that? for those of us who don't have that many investments, why do we care? >> well, we should care because

the tax on capital has a major impact on the economy overall, on productivity growth and, therefore, on standards of living. the way that you have a more prosperous economy, is you need to have incentive to encourage capital formation, to encourage investment, to increase worker productivity -- megyn: what are people going to do with their money? so if i had otherwise invested in stocks and gotten dividends, but now -- because i like getting 15% taxes as opposed to, you know, 40% taxes on them -- what am i going to do with my money now instead of invest it in stocks? >> well, on the margin a lot of people will choose consumption. if you can spend your money and enjoy it today versus having more in the future, anytime you reduce the return on investment, you give people more of an incentive to say, the heck with it -- megyn: well, isn't that good for the economy, consumption? >> well, i don't think so. we've got a real problem with declining business investment, and if you don't have expansion on the supply side, it's hard to have the productivity growth you need to have long-run economic

growth. and i think this idea of keynesian demand creation has been disproven in the past couple years when we've had stimulative efforts, and it really hasn't worked. megyn: when you think top rate of the taxes going up to 43%, that's just from the feds, 43% of your income, and then on top of that you have to pay state taxes and local taxes, city taxes here in which are, you know, into the double digits, you're well over 50%, well over 50%, for, you know, a family making 250, that's not that much money here in new york. it really isn't. we'll see how that goes. phil, thanks so much. >> not a problem. megyn: well, a dramatic twist today in the upcoming trial of accused fort hood shooter nidal hasan. three years after this mass shooting that took the lives of 13 people, and the judge has just been kicked off the case in part because of the fight over whether the suspect should be able to wear his beard in the courtroom. in three minutes we'll discuss the struggle for justice for the

families of the 13 murders and the dozens of others wounded. and the trio accused of kidnappers are foiled by their apparent victim, even as he is tied up in the trunk of his own car. and during her time as the queen of vogue magazine, anna wintour has become notorious as the devil who wore prada. we'll show you why the devil is now being considered as our next ambassador to england. >> so you don't read runway? >> no. >> and before today you had never heard of me -- >> no. >> and you have no style or sense of fashion. >> i think that depends on what your -- >> no, no, that wasn't a question.

megyn: well, we are tracking a big development today in the fort hood shootings trial as a military court decides to replace the judge who has been supervising this case for months. it has been more than three years since major nidal hasan is

said to have walked into a processing center at fort hood and opened fire yelling god is great in arabic, killing 13 people and injuring more than two dozen others. hasan's trial has seen a number of delays with the latest coming when the judge ordered him to shave his beard. hasan has argued that his beard is a requirement of his muslim faith, although facial hair violates army regulations. now the military has decided to pull this judge in the part because of the fight over the beard, saying his impartiality in the case appears in question. joining me now, pete, ceo of concerned veterans for america. pete, welcome back to the program. so the judge, the judge has been booted, and it appears that the decision to remove hasan from the courtroom which happened six times because the guy showed up six times wearing the beard after he'd been ordered to shave it, they said the decision to remove him from the courtroom and to cite him with contempt

and then to force him to shave the beard -- >> uh-huh. megyn: -- in the absence of any command action to do the same could leave an objective observer feeling that the judge was not impartial. now, this is him, by the way, before he got charged with murder. you can see how important it was for him to have his beard before he got charged with murder. suddenly things changed once you have to be identified in court by the witnesses who say they saw you shoot and kill 13 people. but why -- is that true? were there no command action to him by his superiors in the military to shave the thing? >> no, that's the interesting nugget in all of this, is if it really is the responsibility -- which it is -- of the command and not the court to insure that he shaves his beard, then who's that commander? he didn't immediately move on forcing those standards. as you mentioned, this was not something he was doing in 2009, 2010 or 2011. just recently decided to do it as part of his delay in protest.

you're a lawyer, i'm not, megyn, but i know a truism of defense attorneys is if the facts are against you, argue the law. if the law's against you, argue the facts, and if both are against you, then attack and delay. and that's exactly what the defense attorneys are doing. they're delaying through growing a beard and saying it's an obstruction, and they got a win today in the delaying it -- megyn: he's been kicked off the case. >> they got him kicked off the case, absolutely. megyn: i'm looking for the evidence of bias, pete, i'm looking, i really am. the only other incident they pointed to as this judge may not appear impartial is apparently there was an incident during the court proceedings involving a latrine where there was some mess on the floor, and the judge felt there was a medical waste bag there and told the defense attorneys to get in there and clean it up. now, mr. hasan is in a wheelchair and would need that sort of bag -- >> yep. megyn: thanks to his own actions, by the way, because he shot -- >> shot four times. megyn: and, in the course of

shooting those 13 people, he got shot too. >> yep. megyn: they point to that as the judge being impartial. >> yeah. well, all of this makes you wish they'd gotten a fifth shot right in the nugget of hasan in that incident, because he's making a circus of a serious court, bringing serious allegation -- they should be more serious, they should be terrorism charges. that's a whole other rabbit trail. these are 13 murders, he's responsible for it, and they're saying he's biased because of making him shave, because of the fee cease on the floor, and the third thing is because he was on fort hood when the attack happened. my goodnesses -- megyn: the judge was. >> yeah, the judge was. so that was the third -- they couldn't remove him just for that, but it was part of it. apparently that makes him impartial. good luck trying to find a uniformed member in this country that isn't going to have some serious axe to blind with the fact that a service member turned against his brothers in arms and killed them. and he's using excuses like military grooming standards to get out of it.

this justice is coming, justice is messy, it's inevitable. it angers me, it frustrates me, but he's going to get that death penalty at the end of the day, this judge or another judge. megyn: i guess they claimed it turned out to be mud from a guard's boots, but i wonder how they got to the point of the defense lawyers cleaning it up shows he's biased as opposed to a military judge that likes things -- >> order, discipline, the types of things you have in the military? megyn: i don't know. are they being too tough on this judge? >> i think they are. again, it's their only strategy. they know -- they must have an inclination at this point that he's going to rule against them, which he would because the facts are there. again, the law is there. so it's delay, delay, delay. that's the only thing they've got going fo it really is. so they're trying to use this circus-like beard incident which they've clearly perpetrated. this is a thinkly-religious man deciding to grow a beard. this is a tactic they're using

to obfuscate the truth and to try to bring many -- they're crossing their fingers that the next colonel that comes in will see things differently. i don't think he will. this command, whoever's responsible for hasan's detention -- who's still getting paid, by the way, and still a major -- this guy better be forcibly shaved. i don't know why that commander isn't coming down hard on maintaining grooming standards. i was a platoon leader, and my guys had to shave. this guy damn well has to shave as well. megyn: well, come on, the premurder charges picture telling us everything -- [laughter] i mean, if he was a practicing muslim all along, we assume he was because, you know -- >> he professed it. megyn: right. to where was the beard then? why did he only have to you the beard when he was facing the trial and when he was going to have to be identified in court? because let's not forget, he killed 13 people, say the prosecutors, but wounded 32 others. people like sean manning, i think his name is, who his wife has been fighting to try to get

this declared a terrorist act for him, his wife tiffany -- >> you know what? megyn: shot six times, so this guy's got to identify the guy and suddenly comes the beard. >> absolutely. you know what? a lot of -- this prosecutor's hands are tied, too, for exactly the reasons you just mentioned, because the government, you know, from the top down refuses to acknowledge this as terrorism, refuses to acknowledge the radical islamist angle, that he was communicating with a spiritual leader of al-qaeda before this attack happened, and because they still want to call it a workplace violence incident, they're unwilling to take all the necessary steps they would need to acknowledge that this guy's a traitor, killed our fellow members, and we're going the use every step possible. instead he's just a regular defendant on a murder trial, no islamic angle, and they're limited. megyn: well, you could make the argument that this will preserve the credibility of the verdict if it comes down guilty at the end of all these proceedings, that we bent over backward to protect this guy's rights as we

do in our criminal justice system. pete, great to have you here. thanks so much for your perspective. up next, a bombshell in the legal battle between the lawmakers in one state and their teachers' union. plus, the woman best known for running "vogue" magazine now reportedly being considered as our ambassador toening land. >> i need 10 or 15 skirts. >> what kind of skirts? >> please bore someone else with your skirts. >> don't ask miranda anything. [ loud party sounds ]

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♪ megyn: an early christmas gift for the young sons of two american heros. watch this. it happened at carollton elementary in virginia. two local military vets returning from overseas, both surprising their kids on the same day.

>> mommy! [applause] >> give me a hug, man. [applause] i love you, man. >> i love you too. i missed you. megyn: that's so great. kindergartener malcolm wright reuniting with his dad over lunch after the boy overcame the shock of it, and the third grader clinging to mom. she and his father were both deployed over the summer, and it's just so easy for us to go about our business and forget about what our men and women in uniform are sacrificing and their families are sacrificing, these kids are sacrificing so that they can go and do the tough work overseas. so god bless them all in this holiday season. well, a classroom fight in louisiana is getting national attention as recently-passed school voucher program suffers a

serious setback in court. a state judge ruling that part of the program is unconstitutional. trace gallagher live in our west coast newsroom with more. trace? >> reporter: and, megyn, the way it works in louisiana is if you are attending an underperforming school and your family makes less than $57,000 a year, then you qualify for a voucher, right? that is taxpayer money to pay for private school tuition, online classes, even early college class,. now, there are some 700,000 students in louisiana, and about half of those qualify for vouchers, about 10,000 are now using them, but the program is brand new. this is the centerpiece of governor bobby jindal's second term. he said no one should stand in his way, but as you just said, a state judge, in fact, just did siding with the louisiana teachers' union ruling that using must money meant for publc schools to finance vouchers violates the state constitution. the teachers cheered the ruling saying, quote: not only was the voucher program patently

unconstitutional, but it placed children into schools without adequate oversight and with no assurance of quality instruction. governor jindal fired back saying: today's ruling is wrongheaded and a travesty for parents across louisiana who want nothing more than for their children to have an equal opportunity at receiving a great education. now, experts say this is an obstacle to the voucher program in louisiana but not a brick wall, saying the state may have to go back and have lawmakers reallocate different monies intended for the voucher program. despite the ruling, the program continues. the school board is vetting these online learning institutes, and they are also creating more charter schools as we speak, and we should note that routinely louisiana finishes among the worst in the nation in test scores. megyn? megyn: he's trying to do something. trace, thanks. well, new concerns that the american economy is being weighed down by what some are calling an entitlement epidemic. including a spike in some

hard-to-prove disability payments. wait until you hear the numbers, the numbers of how many of those disability payments we are paying out now versus a couple decades ago. up next, new concerns about the $130 billion taxpayer-funded program. plus, accused kidnappers foiled by their apparent victim, even as he's tied up in the trunk of his own car. and president reagan called america a shining city on a hill. so how did that city go from being number one to number 16 on the best places to be born list, and what do we have to do to climb back up? >> and finally, my fellow americans, may every dawn be a great new beginning for america and every evening bring us closer to that shining city upon a hill.

♪ megyn: quick update now from the white house on a story we've been watching today. the country of iran earlier reported that it had seized a u.s. drone. the islamic republic saying it captured this drone after it entered that country's air space above the persian gulf. the u.s. navy, however, says all of its unmanned aircraft in the region are, quote, fully accounted for, and the white house saying moments ago that there is no evidence these claims are true. iran did capture a cia spy drone last year. the u.s. said that device suffered a technical problem and crashed. more on that as we get it.

well, there's an eye-opening report out this week about the growing number of americans who are getting federally-funded disability payments. for many years disability insurance was a small but relatively inexpensive program, but the ratio of disability cases to new jobs has exploded during the sluggish recovery from the recession and even over the last decade or so. between january 2010 and december of 2011, so about a two-year period, there were a reported 1,730,000 new jobs added, 1,730,000. while 790,000 new people started collecting disability. in a program now running more than $130 billion. total to the taxpayer. leslie marshall is a syndicated radio talk show host, and chris plant is the host of the chris plant show. welcome. so even before these past two years, between '96 and 2001, private sector generated 8.8 million in new jobs according to

a piece posted by michael barone. 4.1 million people entered the disability roles. let me start with you on this, leslie, because you are married to a doctor. is it -- i mean, how does one enter the disability rolls? do you need to get a doctor's note? >> you need a doctor's signature on a federal form. because, you know, in my in-between life of broadcasting, i've helped out in my husband's office, so i've seen those forms. so certainly, the doctor has the right to say no. one of the problems is if you know hospitals not only to game the system to be honest, or if you keep going on and knock on enough doctors' doors, you could get a signature. in addition, there are people who will pay people who work in doctors' offices to get signatures, and people that the doctors aren't even aware that maybe one of their staff members is doing this. i know this firsthand of a friend of my husband's. he's relentless, if somebody on crutches says i want a handicap parking sticker, he says, no, you can walk with the crutches.

you have to be tough on this because there's partial disability, long-term disability, and there are people that are truly disabled who truly need this funding. i don't think we should throw out the baby with the bath water, but there's no question that there certainly is some fraud and abuse in this system, no question. megyn: there's been an explosion, chris, if you look at the numbers. 1960 -- this is, again, according to the barone piece, he's citing his colleague's book who extensively researched this -- 455,000 workers in 1960 getting disability payments. in 2011, 8.6 million people which is a huge jump in percentage even when you account for population growth. what's really going on? >> yeah. well, i mean, obviously, we've got government and congressional -- thank you, leslie, i think you're telling the truth. i mean, it is a system, a program that is ripe for abuse. you can shop doctors and get a doctor's note, and that's all you need, then you're kind of on the dole for the rest of your life. i'm all for providing for people who are in need. i have a brother who is on

disability. but if in my lifetime we've gone from having 0.6% of the population on disability to having 5.6% of the population on disability when we're supposed to be healthier and have better health care now, you know that you've got a problem. and half, nearly half of the people that are collecting make claims like they have disability such as moodies -- mood disorders -- megyn: uh-huh. miss lahr skeletal problems. >> yeah, that you really can't prove, but medically or in court. so, obviously, the system is being gamed to death, and it's, quite honestly, one of many government programs that are being gamed to death. megyn: it's a huge cost to the american taxpayer, leslie, because they say that, you know, it's one thing if you're 60 and something happens to you, maybe you have a life-altering cardiac event, you can no longer do your job, you're pretty close to social security anyway, because this is like social security, i guess, payment.

but this is, they're saying more and more there's explosion of people in their 30s and 40s cashing in on this, so you get it, what, for the rest of your life you get these disability payments? >> well, first of all, i know, chris, i may have had you at agree with you, but now we're going to part ways, okay? because when you say now that we have health care -- no. we don't. i mean -- >> no, i didn't want say that -- i didn't say we had health care. >> that's one of the problems, and my husband would be first to say. because we don't have the prevention, we get people to this point whether it's partial, short-term, long-term, that disabled state. second of all, if you look at the numbers, a huge amount of our population in the age group you were talking about, megyn, have applied for disability based on beastie. and -- obesity, that's a huge problem in our nation, and that is a disability. unfortunately, we haven't addressed that. we are starting to now more so. megyn: they get to the point where they're so bees they don't

feel they can work, but now since they are obese, they now get disability payments? that is a taxpayer-funded benefit, is it not? >> it's not -- yes. but it's not just the obesity. my husband will tell you that the first thing he will say to somebody who comes in with knee problems is you've got to lose weight because you're putting all that weight on your knees. think about what you're doing to your organs. when you think about people who are not mobile any longer, and they can't get -- megyn: you're tapping into a very interesting narrative, chris, because does this speak -- i know you're anti-big government, chris, but does this speak more of a mentality of many in the american public than it does about big government? just a shift in attitude about what was right in 1960 versus today? >> yeah. and there are certainly numerous factors. and, leslie, what i said was i think our health care system is better now than it was in 1960. so, you know, people have -- whatever, that's a debate for another day.

certainly, there are numerous factors, and there is, you know, a mentality issue in the united states of america, the entitlement mentality is expanding all over the place. and one of the issues with disability is right now in the last couple of years at least -- not looking at it from 1960 til today, but the last couple of years -- a big part of it is your unemployment insurance runs out, and you go shopping around for other government entitlement programs that'll help keep the lights on. and these are among the entitlement programs, this program in particular is among a programs where you can, as you said yourself, game the system. i have a mood problem, i am overweight, i've got soft tissue damage that you can't establish one way or the other, and before you know it you're getting green checks every month. megyn: yeah. leslie, chris, thank you both. >> thank you, megyn. megyn: well, there's a new twist today in the george zimmerman murder trial as we get a first look at a bloody photo taken on

the night that he shot and killed trayvon martin. whether this shines new light on the stories we have heard from zimmerman and whether this changes his potential chances of an acquittal. and vogue magazine editor anna wintour has become notorious as she was portray inside the hit film "devil wears prada." up next, why she is now being considered as our next ambassador to england. >> call my husband, ask him to, please, meet me for dinner at that place i went to. also, tell richard i saw all the pictures he sent, and they're all so deeply unattractive. is it impossible to find a lovely, slenlder female paratrooper? am i reaching for the stars here? not really. [ woman ] ring. ring.

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>> good morning, miranda.

>> get me isaac. ♪ >> i don't see my breakfast here, are my eggs here? where's that piece of paper i had in my hand yesterday morning? the girls need new surfboards or boogie boards or something for spring break. pick up my shoes and then go get patricia. get me that little table that i like at that store on madison. get us a reservation at the place that got the good review last week. [inaudible conversations] ♪ megyn: yeah. 'cuz when you think anna wintour of "vogue," the woman portrayed by meryl streep in "the devil wears prada," you think diplomat. but new reports are, indeed, suggesting that the vogue editor may be on the short list to become our next ambassador to the united kingdom. overseas at least one of the conservative papers is already asking questions about whether the person best known for fall fashion choices should be the link to one of our most crucial

allies. fox business network's stu varney joins us now. [laughter] so -- >> yes? megyn: you can see, i mean, the movie portrayed her diplomatic skills quite well. >> i think it would be great to turn her loose on the french. megyn: she was born in great britain, i'm told, is that reason enough to appoint her? >> in the obama administration, yes. what are her qualifications? let's list them. she's a major fundraiser for president obama -- megyn: okay, that will begin and end the list. [laughter] >> no, it doesn't, no. she's a leftist in her politics, she's a celebrity who supported him in his re-election, and she's a monster to work with. are those not diplomatic characteristics that we'd welcome in someone who goes to london as our ambassador? i'm joking, obviously. megyn: well, you list the accurate, you know, the stuff you said about her is reportedly true. i mean, she's notorious for being difficult to work with and so on. but all the presidents do this. this is what they all do. if you raise a lot of money for

me and i'm running for president, you're going to be an ambassador. that's half the reason people do it. >> however, president obama back in '08 when he first became president, he said he was going to appoint more professionals with diplomatic experience to the service. since then he has appointed 59 ambassadors, 40 of which have no diplomatic experience -- megyn: but she is, she is half british. >> so what? [laughter] megyn: that is a fulfillment of his promise. >> wait a minute, she might be up for ambassador not just to england, but to france. megyn: oh. >> i suppose being british is a good qualification to send her to beat up on the french. megyn: well, you tell me. i think her frankness -- play on words here, it all comes together -- could come in very handy. watch this. >> so you don't read runway? >> no. >> and before today you had never heard of me? >> no. >> you have no style or sense of fashion. >> i think that depends on what your -- >> no, no. that wasn't a question.

[laughter] megyn: why can president bush have ambassador john bolton, who was objected to for his frank style, and president obama can't have her? >> what message are we sending to those europeans who are in the middle of the worst financial crisis in three generations, and we send a fashion magazine editor to be our official representative in london or paris? do you think we would send ms. anna wintour, do you think we'd send her to china? do you think we would pick her for our ambassador to china? it's a putdown of the europeans if they do this. it is a putdown to them in their moment of crisis. megyn: maybe we are secretly trying to redo british fashion. [laughter] >> well, it could use an upgrade, that's for sure. megyn: when she goes over there, she's going to have a couple of things on her plate. seriously, is it an important position? what will the ambassador to great britain likely be doing over the next four years? >> well, handling relationships with one of the closest allies in american history.

megyn: but doesn't it get kicked up to the secretary of state or above? >> i don't think so. i think the details on the ground that are taken care of by the ambassador on the spot. and it's not just a choice of what color to wear, it's a choice of what role to play, how to play the british vis-a-vis the americans. it is the plum diplomatic job and in the american diplomatic service. you are ambassador -- the court of st. james. you have a mansion right there on regents park. you're talking to the big powers of europe all the time. megyn: what determines whether you get the ambassadorship to, like, belize, because you raised me a lot of money and i want to give you payback, and ambassador to great britain? is it how much money you've raised? she's one of the top bundlers. >> well, there's one of the qualifications. celebrity supporter, top ten bundler. did you know that her brother served as the political editor of "the guardian," which is a rapidly anti-american british newspaper? that's a good political connection in the obama team. and she's a monster in the

office. those are qualifications which put her in place to be to the court of st. james. megyn: as i say, john bolton had a reputation for being very brash, but he was of u.n. ambassador -- again, query whether that was a good match -- and she would be u.k. ambassador, but they say she doesn't want the job. she's happily installed over at voc and i hear -- can at vogue, and i hear working on a piece on you. >> me? i'll be on jon stewart with this, guaranteed. [laughter] megyn: thanks for being here, stu. we're taking your thoughts on that, follow me on twitter @megyn kelly, let me know what you think about ambassador win tour. what started as a routine traffic stop ended as anything but as police made a dramatic discovery in the trunk of this car. that okays next. plus, an estimated 75,000 soldiers to capture syria's chemical weapons supply. just ahead, why that is a growing concern as we get reports the syrians are mixing up batches of nerve agents right

now.

megyn: well, what started as a routine traffic stop ended as anything but after police in kentucky discovered what looked like an attempted kidnapping. trace gallagher live in l.a. with the details. trace? >> reporter: sean loamer says he was just closing up where he works, megyn, he walked out in the parking lot, and there were three people that were actually trying to steal a car -- i mean, a tire from his car. he says one of the suspects came at him. he began punching him, banging his head against a light pole. here's what happened next. >> stood me up, put a towel around my head, tied my wrists with a t-shirt and put me in the

trunk of my car. right before they closed the trunk, they said this isn't personal, um, we need your car. >> reporter: he says they drove around town for hours. he could hear the kidnappers talking about how much trouble they might get into for doing this. along the route you can see this dash cam video, a police cruiser noticed the car had an expired license plate, and something else was not right. so they pulled the car over, and sean blomer says he could tell from the inside of the trunk that it was a cop. listen. >> he came back and asked about insurance, and that's when i started kicking and punching on the hood, yelling. at that point the officer became very much more aware, immediately called for backup. >> reporter: they pulled the victim out of the car. as you can see from this video right here, kind of surprised he was in there. and, he says, they began pulling the suspects out of the car asking them what was gown on. two of the suspects blamed each other, and the third suspect

said he had no idea that there was somebody in the trunk. mr. blomer is a little banged up, he's very freaked out but says that he'll be okay. the three suspects now facing kidnapping and theft charges. they'll be in jail for a while. megyn: that's an unbelievable stor an oprah once where they talked about god forbid you're in the trunk, usually you can pull the wires in some cars anyway, you can pull the wires that are connected to the taillights hoping that maybe somebody will pull you over, you know, to sort of signal to people that something's going on with your car. but, wow, he's very lucky -- >> reporter: or kick the back of the seat. megyn: something, you know, to get the police's attention. trace, thanks. >> reporter: sure. megyn: wow. well, fallout from the fiscal stalemate as we get new evidence today that america's employers and many of america's consumers now believe that we are in some big trouble. chris stirewalt explains why this has become much bigger than whose taxes could go up or down. plus, another new twist to

the george zimmerman/trayvon martin murder case as we get a look at a color photo of zimmerman's face the night he shot martin. kelly's court. and a new report suggests president reagan's shining city on a hill has become a faded relic of the past. how america has gone from number 1 to number 16 on the best places to live list and what we have to do to climb back up. [ male announcer ] if you're eligible for medicare,

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expenses that could really add up. these kinds of plans could save you in out-of-pocket medical costs. you'll be able to choose any doctor who accepts medicare patients. and you never need referrals. if you're thinking about your options, call today. when you call, request your free decision guide. and find the aarp medicare supplement plan that may be right for you. megyn: fox news alert. we are seeing the middle class and america's business leaders have taken stock of washington and believe we are in trouble. welcome to a new hour of "america live." two pieces of data offer a look into the debt negotiations and what's at stake. we got new numbers on america's manufacturing showing businesses are preparing for the worse.

according to a new rasmussen poll, 60 percent of middle class families believe their taxes are going up regardless of what washington does. just 32% think that will not happen. chris stirewalt is our fox news digital powerhouse player. let many talk about where business and the middle class are right now. both of them are sounding pessimistic. >> they have two years of experience with this formulation in washington which is a liberal democratic president. a conservative republican house and mostly marginalized senate. why would they have reason to believe it would be different now. they had an election that people thought would be conclusive. but we are still at stalemate. you see businesses pulling back and you see -- that's a shocking number to see in that new rasmussen poll where people

assume their taxes are going to go up. they assume the government will fail and i guess you can't blame them. megyn: if the plan is to tax the wealthy how likely is it the middle class tax will also go up. these folks believe even though president obama is only talking about raising tax on the wealthy, they believe that's only step one, that they will get taxed eventually. >> step one or as we found out with the president's 2010 health law there are taxes we didn't know were taxes ang and people end up getting taxed. the basic understanding night can taxpayer now, they earned the right to be this cynical, is that whatever is said during these kinds of negotiations, in the end everybody pays. megyn: we have seen so much jockeying in washington back and

forth between the white house and house republicans. eve one offers a deal the other side says is totally unacceptable and a non-starter. president obama just sat down for an interview with bloomberg and says the tax rates -- the republicans say don't raise rates. but let's close out loopholes and get rid of deductions. all you should care about is how much revenue you are getting. why do you care fit' a rate or deduction. increase the revenue. president obama says no i need rates to go up on the rich. now he's saying rates have to go up. they have to go up on the rich. but then we can talk about lower them again next year. we'll chat. we'll have more time then we can discuss the loopholes abductional earn tough deductions to rates. >> we are 400 days away from the first primaries of the 2014

elect cycle. every day we get closer to those primaries the likelihood of a big deal, something large taking place gets less. so the president is saying there, never minds. what he's saying there -- he knows the political reality of this, having suffered the worst mid-term defeat of any president in 60 years. he knows what happens in mid-term elections. what he's saying is give me what i want now and i'll talk about it later but i'll talk about it at a time when it is next to impossible politically for either party to do anything that doesn't absolutely throw their respective bases. megyn: you had a power play piece yesterday that was all about how the president in your view is intent here not so much on winning these negotiations if they are winnable, but on embarrassing the republicans, bringing them down to their knees. can you explain that? >> he doesn't just want the taxes to go up on top earners.

what he wants to do is shatter his political opposition so he can win larger victories later so he can suffer fewer defeats in the mid-term election. he sees this as the moment when he has maximal manage having just been reelected. he figures he can break their will and he can be in a stronger position after that. but as you mentioned before, if he misses or even if he succeeds what you see happening the economy right now and what you see happening with pessimism that pervades he monday the economic class, among ceos, and now growing among regular folks, is that he may win but it may be an empty victory if you get to the end and the economy is stalling and failing. megyn: how big a deal would it be if the republicans do break their promise of not raising taxes. if they agree to a hike in tax rates. i'm not talking tax rates automatically go up in january.

i'm talking about before that they agree to raise tax rates. how big a deal would that be and how big a victory would be it for president obama? >> it would be a huge victory for president obama. this is only common thread. you have got pro-choice and pro life republicans. there is only one brand of republican on taxes and they agreed taxes are high enough and probably should be lower. but certainly that they are high enough. if republicans acquiesce on this point they will lose their ideological thread for a generation. megyn: one of the reasons we see both sides with their backs up behaving so -- defending their positions so staunchly. chris stirewalt, good to see

you. fox news alert on a small union strike getting national attention. the mayor of los angeles announced in the last couple hours he is going to join talks aimed at ending the strike that crippled one of the busiest seaports in the nation. a walkout by a handful of union workers triggering an estimated loves a billion dollars a day to the local economy. the two ports l.a. and long beach support 1.2 million southern california jobs. and they are the main gateway in the trade with asia in the weeks before christmas. they handle 47% of the container exports. >> reporter: if you split the ports apart. the la-long beach ports, they would be 1 and 2. together they are the largest. this has been going on for one week. 800 clerical workers walked on the line. 10,000 longshoremen won't cross

that line. this port is 90% shut down. if you look behind me in the haze and fog you will see some container ships in port. just after shore you will see one of the many, up to 20 we are told that are just sitting out there. some of them have produce that could be spoiling as we speak. that can't get in here and it can't go out. so exports haved as well. you will see trucks lined up. the mayor says both sides have agreed to a federal mediator. he spoke to the media in the last hour. take a listen. >> we met all night. we have worked across the table with a number of proposals. it is still clear to me that we are some bit apart though progress has been made. but what i'm here to announce is both parties have agreed to

federal mediation. reporter: but both parties remain very much apart on one significant issue. that whether or not jobs should be outsourced. you can see some of the ships stalled offshore waiting to come in. we talked about the union and got a statement from either side. here is what the union had to say about the ongoing negotiations. >> we have been dealing with corporate greed and the outsourcing of jobs. a lot of people say what we are doing is hurting our community and the economy of the united states. but we also feel that outsourcing is hurting our economy. >> reporter: that's not the case at all according to the harbor employees association. they say the strike impact is winding and it's costing the national economy billions of dollars. once again, a lot of estimates

here say we are talking about $1 billion a day being lost. we are talking about truckers and people not going to work each day as this continues. we are told almost everything has been agreed upon but the one pain issue which is the issue about whether jobs should be kept here when someone retires or whether they can be added someplace else. megyn: growing international concerns over a report that syria is readying deadly and widely banned chemical weapons for combat use. we'll talk about what those chemicals are, what they can do and why america and the world is so worried about this. we are getting a look at george zimmerman's bloody face the night he shot and killed trayvon martin. why didn't the defense get this picture earlier? a new report suggests president

reagan's shining city on the hill may be a thing of the past. a look at how america has gone from number one to number 16 on the best places to be born list. and how our government policies maying playing a role. >> i need this, and i need this, and i'm going to take this. and no, no, i'm the old person. i need this. you have to take care of me.

megyn: live pictures of the growing protests in egypt. protests over egypt's president mohamed morsi giving himself sweeping powers. now the violence erupting outside the presidential palace in cairo.

today's massive march comes as mohamed morsi called for a draft referendum on the constitution december 15. >> i have spoken of a shining city all my political life. but i don't know if i ever quite communicated what i saw when i said it. in my mind was a tall proud city built on rocks strong than oceans. wind swept, god blessed and teeming with people of all kinds living in peace. it hummed with commerce and activity. if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. that's how i saw it and see it still. megyn: a new report suggests president reagan's shining city on the hill what is getting increasingly tarnished.

when reagan was president the u.s. was number one of best places to live. you are looking as the this year's results. see where we are today? wait for it. i see nothing. just the best places to be born. nowhere. are we trying to send a different message? number one, switzerland. number five, denmark. number 9, canada. they are above us. ireland is, too. austria why taiwan, belgium, germany. there we are, 16. how did we get here? michael reagan is a political consultant and chairman of the reagan group. the hill is a little lower dish don't know -- somebody needs to mow the grass. people are no longer building their houses on it. your thoughts.

>> more government intrusion into our lives. in 1990 we were rated number one in the world and we dropped to 16th since then. what's the difference? in 1988 we had confidence in our government. we had a government that worked together, the house, the senate, the president of the united states. there were battles but they got things done. largest tax break in the american history. the 1990s bill clinton, newt gingrich, welfare reform, a balanced budget. confidence in our government to work together. since then we lost confidence in our government to do absolutely anything. we have left our children a $16 trillion debt. we have been in a war for 11 years. and nobody is feeling good about the future of america. look at your last couple interviews about how people feel about taxes. we dropped to number 16. can we get back to number one?

yes, we can, but it takes leadership. megyn: how well the government is performing is some of the criteria. your material well being. how secure people feel in their community. quality of community life and the quality of gender equality in the country. over there in switzerland number one, apparently they do have a lot of freedom. they just voted down a smoking ban but voted in favor of drive-in sex boxes. who is conducting the survey? >> i understand where you are going. who is conducting the survey. i was in zurich this summer. i don't remember all of that. but it's how people feel. do they feel good about where they are living.

but you go to switzerland, people at least have a smile on their face. they may have too much government, they may have a lot of problems but they feel better because the government whatever it is -- there is confidence that is put into that place. you wake up in the morning and turn on the news. is there any confidence anything will get done in washington, d.c.? you have a testosterone class in washington, d.c. and nothing is happening and the rest of us in america are suffering because nothing is going on. >> in switzerland they say the folks 10 to be happier. it depend on what your choices are. i don't know how happy the people would be if our cities were full of the sex boxes. whatever that is.

>> your thoughts on that? >> we just found out the 3.8% surtax will be on our investments and houses. we are not used to government being this intrusive into our lives. one of the reasons we are not happy in america is because finally we are seeing this intrusion into our lives. our daily lives of more and more and more government. you wake up in the morning. walk outside your door. you will be taxed for it any more in this country. we like the freedom to take care of ourselves. we are no longer getting that freedom at all, whether it's locally or whether it's nationally with our national government. look at california. for every 100 workers in california we are supporting 139 people who are not working. same thing going on in new york. in new mexico it's 100 to 153. the takers outdo the makers

anymore and what's going to happen is people are going to start living small, less money going to government. my dad started in 1980. the government was taking in $500 billion. after he left the government was taking in almost a trillion dollars in revenue. the problem has always been a spending problem. many people understand that, washington still wants to argue and fight about it. megyn: 2011, perhaps not coincidentally had the lowest birth rate in the united states on record. they say that is linked to how optimistic people feel. michael reagan, always great to get your perspective, thank you for being here, sir. alarming new developments in syria raising questions about possible u.s. military action in the middle east. we'll explore. plus a horrifying scene caught on camera. how a random encounter with a

stranger ended in the death of a new york city man. >> i heard people yelling. the train came to an abrupt stop. that's when i heard a man was hit by a train.

megyn: new jersey governor chris christie telling fema the storm cost $39 billion in damage. new jersey is asking the feds to cover almost all of that. in new york 305,000 homes and 265,000 businesses are destroyed or damaged. governor cuomo is asking for $33 billion to rebuild and $9

billion more to prevent future storm damage. a horrifying story involving the random violence that was once a part of new york city's reputation but is now much more rare. it happened yesterday when a father was shoved in front of a moving subway train by a total stranger and it was all caught on tape. >> people said a panhandler was harassing passengers, and a man wind to the panhandler wind to him to try to calm him down saying you are scaring passengers. as the announcement for the rain came. witnesses say the panhandler picked the man you and physically threw him onto the tracks. >> i was in the back of the platform and the train came to an abrupt -- pulling into the

station. next thing you know you heard people yelling, the train was 3/4 into the platform. >> reporter: people began running towards the tracks. a "new york post" photographer started flashing pictures hoping the flash would alert the conductor to slow the train down. at one time he student and tried to scramble to the side, but as the train came in it was too fast and he was crushed between the platform and the train. a doctor ran to help but he had suffered a fatal blow. >> people were in shock. it's noisy down there so it' not a matter of people running away. it's a matter of people standing in shock. >> reporter: the conductor had

to be treated for shock. the victim was drinking before he went to the station. this is the suspect. he's still on the run they believe somewhere in new york city. megyn: a new detail emerging in the george zimmerman case. does this shine new light on the story that zimmerman told police and will tell the jury? and does the defense have a legitimate beef when it questions why it didn't get this photo before? "kelly's court" takes up the case. a serious stockpile of chemical weapons and iran's influential war. this case is just -- it tells the story. children running for their lives. and things could be going from bad to worse there.

our panel looks at the larger worries about what is happening from this region and wait could mean for america as things spin out of control.

megyn: the state department issued stern warnings to bashar

al-asaad after reports that they were mixing ingredients to make one of the worst chemical weapons known to man. reports that 29 children and their teacher were killed when a mortar slammed into their 9th grade classroom. the international community is weighing possible military options to prevent the assad regime from employing chemical what he phones against its own people. reports surfaced yesterday that syrian engineers have begun mixing chemicals that could be used to make the deadly nerve agent known as sarin gas. it affects the nervous system. it only takes half a milligram to kill a people and it's a painful way to die. he can pose our to the gas causes convulsions, paralysis and death. joining us for perspective.

ralph peters. and a journalist specializing in middle east affairs. welcome to you both. i want to start with you, ralph. we are getting reports we had them a couple months ago when you came on the program that they were moving the chemical weapons. this is different. now we get moving and repairing the chemical weapons. john bolton was on i monday others saying assad doesn't have a death wish. it would be non-sensical for him to understand leash these chemical weapons because he knows the retaliation he would face. do you agree with that? >> no, i do not agree. first of all what retaliation has he faced for the massacre of his own people. if everything chances around him he's count on russia getting him out and getting asylum in moscow or tehran.

and there is a good chance he will get no matter what he does. the question is not whether -- what he gains by using these chemical weapons, these horrific weapons, but why wouldn't he use them. he's fighting for the life of his regime. he does remember the example of qaddafi. and he may want to take revenge on his own people. never under estimate and emotional response. i would give full credit to the idea he may turn chemical weapons on his own people as a last resource and fully expect to get away with it. megyn: we have been showing some of the devastation in syria. i believe that school that was bombed not by the assad regime. both sides guilty of horrific violence and assad has shown very little heart in this whole matter. the torture and murder of children in front of their

families and making them watch as their families are murdered. it's hard to believe he wouldn't unleash sarin gas on some of these people. can you talk about that. would you know if sarin gas was unleashed? >> that's exactly it. it's a silent gas. they wouldn't know if it is unleashed. but the people have every reason to believe their government would go to that extents. you have to look at assad's regime it's a naked power meaning they would do anything to stay in power and to live and die in syria as he has said many times before. now more than ever we have every reason toe believe they are not bluffing because they have the stockpile. they are mixing the sarin. that could be for two reasons. either to use it on the people or to eliminate the possibility of the rebels getting the

chemical weapons. then we have to ask who are the rebels. it could be the first group, the opposition, then we have to ask who is the opposition. it's still not clear in the middle east hot opposition is. the chemical weapons get in the hands of the extremist groups like al qaeda and that becomes a global threat. not only are we talking about the people of syria being in harm's way, we can have al qaeda pass off the chemical weapons in other scenarios. so we have every reason to believe not only [inaudible] will do anything to stay in power. megyn: we have humanitarian concerns for the children of syria and we have concerns of al qaeda getting their hands on chemical weapons. what can we do? president obama's rhetoric, our government's rhetoric is stepping up. it's getting a little more

bellicose saying that would be a red line if chemical weapons get unleashed. >> president obama's rhetoric is one thing, actions is another. assad looks at all the declarations obama has made and it sounds like i'll huff and i'll puff and blow your house wn. when it come to chemical weapons you can destroy them with air strikes. it can destroy a stockpile if they are done right. however, once the chemicals are mixed together. suddenly you are killing everybody anywhere around. and depending on whether he's using sarin or vx gas. you can kill hundreds or thousands of people in a matter of minutes. so the more you delay action, the more difficult it becomes to solve the problem.

and as lisa pointed out, we do have to worry about extremist groups getting these weapons because they are true terror whaweapons. megyn: there were reports he was about to fall before. even our own government was saying he's not long for the wear over there in this position. here we are several months later and he's still there. what are the signs he's growing more desperate and we are more and more concerned he may be at the end of his rope and considering this last terrible option. >> that's a significant factor in believerring this is more of a threat than ever before. recently there was a few setbacks militarily and the opposition is gang. we know that the iranian regime has stepped up their support in syria and we know that the syrian regime is more desperate than ever. whether they are mixing the sarin or moving the chemical weapons they are stepping up in terms of protecting and

defending the regime only to stay in power. megyn: if they are mixing it, those are the reports that came out now, the quote from one u.s. official is we picked up several indications that lead to us believe they are combining chemical precursors. so maybe it's too later on maybe we are at a point where we have reason to believe it's too late so we can't do the air strikes. what our next best option? >> well, the administration is always trying to get off cheap. we have had special ops and other people in jordan training local people to deal with this problem. but to secure the stockpiles which are still widely dispersed despite consolidation would take thousands of troops. they would have to be well trained and have to have protective gear and high quality and replacement protective gear because it wears out in a matter of days. he's got to have a way to supply them, to protect them.

so there is no easy answer. it goes back to my earlier comments. if you don't nail those things while they are consolidated with air strikes you are in a real morass. we are not going to have any good choices left. if you wait until he combined the chemicals and used them on his own people, then the genie is out of the ugly ball. megyn: the devastation at the top of the show we showed what happened when saddam hussein used chemical nerve agents and pictures of children suffering mightily and there is a real question about whether the world super power can sit by as that happens in syria. there are some extremists but there are also thousands of innocent people being tortured by this regime. not to mention what would happen to americans if al qaeda or other similar groups got their hands on them. ralph, lisa, thank you.

a pro hockey player was diagnosed with an incurable disease and now says he's not giving up. janice dean leaves behind the weather maps to bring us his story. a potentially explosive development in the george zimmerman case. why a color photo could prove this security volunteer innocent? >> i immediately went to grab my phone to call 911 instead of the non-emergency, and when i reached into my pants pocket, it wasn't there. i was shocked. i looked up, and he punched me and broke my nose. one shot.

music is a universal language. but when i was in an accident... i was worried the health care system spoke a language all its own with unitedhealthcare, i got help that fit my life. information on my phone. connection to doctors who get where i'm from. and tools to estimate what my care may cost. so i never missed a beat. we're more than 78,000 people looking out for more than 70 million americans. that's health in numbers. unitedhealthcare. megyn: "kelly's court" is back in session. a new twist in the george zimmerman case. we are getting a look at a color

photo of zimmerman's bloodied and bruised face the night he shot trayvon martin. this picture gives us a viv it look at his injuries than the grainy black and white photo that was originally released to the defense by the prosecution. zimmerman is facing second-degree murder charges for shooting the unarmed florida teen. he claims he shot trayvon martin in self-defense after a confrontation. so does this photo of mr. zimmerman's injuries shed new light on the case? joining me now, david wohl, defense attorney, and brian claypool. the defense lawyer in this case is really unhappy. he says i have been pushing them to give me the color photo. all they gave me was the black and white. i had to go into court to file a motion to make them do it. and he's very happy he filed that motion because there is a stark difference went one and the other.

>> this borders, no question about it, on prosecutorial misconduct. the officers take this picture of george zimmerman that shows a broken nose, blood dripping down his nose onto his lips. they do a black and white photocopy and turn that over to the defense which shows nothing. which completely conceals the injuries. they might as well have given them this. they are required by law to turn this over to them. they failed to do so. it's the latest in a long series of attempts to cover up the evidence in this case. and if the prosecution has evidence they think will lead to the conviction of george zimmerman second degree murder beyond a reasonable doubt, i don't know what it is. they painted themselves into a political corn and they are in deep deep trouble.

>> the bigger story is this photograph has no bearing at all on whether george zimmerman will be convicted. in fact give me a "d" or desperation. the fact that they had to release a photograph of zimmerman with his bloody lip proves the defense is desperate. whether it' it's zimmerman is te aggressor. whether he's injured has no bearing on whether he was the aggressor. did he use reasonable force under the circumstances and that has nothing to do with the photograph either. megyn: oh, come on. >> the 911 tape in this case will hang zimmerman. megyn: you are arguing the fact that there was a physical confrontation in which mr. zimmerman was hit is irrelevant? >> exactly. is anybody disputing there was

an altercation? that's the only thing the photograph shows. >> it goes down to self-defense. his claim was from the beginning that trayvon martin attacked him. he was pounding his face into the concrete. the injuries to the face proved that. there was another series of photo. grass stains. wetness on the back of his t-shirt. megyn: this is actually an interesting point. let brian make that point that it doesn't matter. we can have 50 photos of zimmerman badly beat up and tell us why it am not relevant. >> because if you start a fight you can't rely on the assistant your ground law. if he started the fight it doesn't matter if he's injured. you can't rely on that. megyn: but ... that is one of the issues that the jury will have to decide is who threw the

first blow. who started the fight. so you can't say that the photo is irrelevant. >> that's not true. megyn: why not? >> the 911 tape ... megyn: let me get david to weigh in. >> the 911 call and witness description shows while george zimmerman was pursuing martin through the neighborhood. he broke off his pursuit and went back to his car. that's when martin approached him. that's when the aggression stopped. martin comes up to him and says, he reached into his pocket and picked up his phone. that's when martin punched him and started pounding his head into the ground. attached to the motion is the result of a polygraph test that shows george zimmerman was being truthful about this entire description. megyn: my feeling is we two different stories. the girl friend will say

zimmerman was the purchase sewer. but if the defense can prove he backed off the aggression and trayvon came after him, then that bloody photo is relevant. >> there is no dna evidence to connect trayvon martin with george zimmerman. megyn: up next, janice dean in an unusual role and report. [ male announcer ] where do you turn for legal matters? maybe you want to incorporate a business. orrotect your family with a will or living trust. and you'd like the help of an attorney. at legalzoom a legal plan attorney is available in most states with every personalized document to answer questions. get started at legalzoom.com today. and now you're protected. hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.

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megyn: a hockey star refusing to put his career on ice. even though he's facing a health challenge. janice dean joins with us his incredible story. report are's a pro at block

tough shots on ice. now he's squaring off with multiple sclerosis. an incurable disease that attacks the bodies immune system. last year was one of his best seasons playing 32 games. but he started noticing problems with his vision and balance. he felt numberness in his leg. after visiting several doctors he discovered he has ms. doctors put him on an aggressive medical treatment and for now it's working. >> i think that everything is looking positive. i feel great when i'm skating. i feel healthy. i'm not going to let this kind of make who i am. so it's a little bump on the road and i'll keep going.

>> due to the ongoing nhl lockout the team and it players can't discuss personnel matters but they issued this statement. josh's competitive fire has led him to a successful career in the nhl and we know he will approach this new battle in the same manner. >> i can't really give what i'm going to be like in three years. but right now we are treating it aggressively, and we are looking to be out there ready for training camp. >> reporter: according to the multiple sclerosis society, therapies are improving enabling more and more people to live a better quality of life. i'm one of them. i like josh take my medication and monitor my condition. ms is a part of us but it doesn't define us. megyn: absolutely right. as impressive as his story is. can he cover hurricanes, tornadoes and super storms after

being up all night with two kids under the age of 4? >> reporter: maybe not. megyn: i would like to see the the two of you on the ice. >> reporter: he has a new baby on the way.